Overstayed VWP - questions

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Old May 15th 2012, 10:44 pm
  #31  
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Default Re: Overstayed VWP - questions

There is and it's called ADIS, arrival and departure information system. Matches the passport's bio data info. They are linked.
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Old May 15th 2012, 11:54 pm
  #32  
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Default Re: Overstayed VWP - questions

Originally Posted by sandor333
There is and it's called ADIS, arrival and departure information system. Matches the passport's bio data info. They are linked.
I'm not going to bother to teach you something you can research for yourself. There is no US immigration exit control.

Ian
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Old May 16th 2012, 12:55 am
  #33  
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Default Re: Overstayed VWP - questions

Originally Posted by ian-mstm
I'm not going to bother to teach you something you can research for yourself. There is no US immigration exit control.

Ian
It's a matter of semantics but APIS is the de facto exit control.
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Old May 16th 2012, 6:37 am
  #34  
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Default Re: Overstayed VWP - questions

Am I the only one who has ever bothered to find out which agencies provide the information that ADIS gathers... what information and, more specifically, when... not to mention how the information is actually cross referenced? All that information is freely available to the public... and people are free to do their own research.

Ian
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Old May 16th 2012, 4:59 pm
  #35  
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Default Re: Overstayed VWP - questions

Originally Posted by annie56
Hi-does anyone know how this works? I overstayed 7 months in usa on my 3month visitor visa-nothing was said when i left.How will I know if i would be refused entry trying to enter again?? This was last september i left usa, i applied for a new esta last month and was granted it, how do i know before i get to america? I dont remember having an I-94-and my last stamp is initialled with legal dates.
Hi Annie i have the same question, i overstayed 40 days in usa , was on a w94 waiver visa, overwintering on brit passport ,i am a permananant canadian resident,awaiting citizenship card, had no idea i was only allowed a 90 day stay in usa ,i was with a friend who has cancer, and there was no way she could have driven back alone, i had no choice but to overstay as there is no way of extending that visa !!, i am in the same quandry as to whether i am now banned or ??? do we go to a border crossing and try or ???? zek46
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Old May 16th 2012, 5:54 pm
  #36  
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Default Re: Overstayed VWP - questions

You need a B2 Visa
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Old May 16th 2012, 5:57 pm
  #37  
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Default Re: Overstayed VWP - questions

180 days to one year overstay/unlawful presence = 3 year ban. One year or more overstay/unlawful presence = 10 year ban. So if you overstayed for 40 days, you would not have triggered a ban. That being said, you can not use the visa waiver program again - ever. You will need a B2 visa if you wish to visit the US again - at least until you become a Canadian Citizen.
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Old May 16th 2012, 7:44 pm
  #38  
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Default Re: Overstayed VWP - questions

It baffles me that so many people overstay. I don't get it... If you intend staying that long, get a B2 for 6 months. There maybe the odd extreme circumstance I guess that could lead to a few days overstay, but weeks on end? Unreal.
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Old May 16th 2012, 8:36 pm
  #39  
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Default Re: Overstayed VWP - questions

And your point is?
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Old May 17th 2012, 8:24 pm
  #40  
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Default Re: Overstayed VWP - questions

Originally Posted by Belle1986
I take it you have never looked into the difficulties of getting a B2 when you are eligible for VWP... and then if your B2 application got denied you would be stuck because you cannot then use VWP again... EVER! People don't always intend to overstay
.... But you'd be stuck outside the USA if that were the case. We are talking about people who overstay once they are legally inside the USA. The only reason someone should overstay is if they are in the hospital and can't get on their flight, or if some natural disaster happens prevents the flight from taking off.

Rene

Last edited by Noorah101; May 17th 2012 at 9:02 pm. Reason: Corrected sentence
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Old May 17th 2012, 8:33 pm
  #41  
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Default Re: Overstayed VWP - questions

Originally Posted by Belle1986
People don't always intend to overstay
No? So they're overstaying unintentionally? Against their will, perhaps?

There are a few, rare situations where people are temporarily unable to leave (medical emergencies, severe weather) but I'd say the vast majority of overstayers are doing so intentionally.
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Old May 17th 2012, 8:51 pm
  #42  
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Default Re: Overstayed VWP - questions

Originally Posted by Belle1986
I never INTENDED to overstay when I entered the US on the VWP, thats all I'm saying.
True, people may not always intend to overstay when they first arrive. That doesn't mean they should bend immigration law to suit themselves after they enter though if they decide they want to stay longer.

If we're being honest, people for the most part overstay because they want to. They want to stay with their boyfriend/girlfriend/spouse. They don't want to wait in line for the appropriate visa.

Originally Posted by Belle1986
AdsUK's post implied to me that he believes people are using the VWP even though they intend to stay for longer. Getting a B2 just because you fancy staying for 4,5,6 months is unlikely as I am led to believe.
I agree with you on this.
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Old May 17th 2012, 9:16 pm
  #43  
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Default Re: Overstayed VWP - questions

?

You knew the period of your authorised stay.

You chose to ignore it.
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Old May 17th 2012, 9:17 pm
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Default Re: Overstayed VWP - questions

Originally Posted by Belle1986
Ok, *waving white flag* I'm a bad person.

Just thought I could help others with my experience on the matter. I should leave it to those with thousands of posts on this site in future.
I do apologize, I'm not trying to get at you personally. We appreciate you taking the time to provide personal experience.
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Old May 17th 2012, 9:23 pm
  #45  
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Default Re: Overstayed VWP - questions

Originally Posted by JSL8610
I do apologize, I'm not trying to get at you personally. We appreciate you taking the time to provide personal experience.
Apology accepted. Not sure this forum is for me though! A little too judgemental I feel.
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